For Laurita Vaz, the provisions of the bankruptcy law must be observed, which establishes rules aimed at enabling the company’s recovery.
The president of the STJ, minister Laurita Vaz, determined the suspension of the execution in a labor claim against a group of transportation companies from Goiás that are under judicial reorganization. Among the group’s companies are Viação Goiânia and Rápido Araguaia.
In granting the injunction, the minister suspended the execution that was underway in the 18th Labor Court of Goiânia, assigning the demand to the 4th Civil Court of Goiânia. The court must decide, provisionally, on the urgent measures requested by the group, such as to render ineffective the acts of blocking of amounts and assets carried out by the labor court.
In the decision, the minister understood that the principle of preservation of the company must be observed and emphasized the provisions of articles 6, paragraph 2, and 47 of the bankruptcy law (11.101/05), which establish “rules aimed at enabling the recovery of the legal entity that is in financial unbalance, favoring, as far as possible, its preservation.
The decision is part of a conflict of jurisdiction, with a request for an injunction, requested by the companies to recognize the lack of jurisdiction of the Labor Court to determine the seizure of their assets in order to enforce labor credits prior to the judicial reorganization.
The group sustained that, in similar cases, the STJ has decided that the civil court has jurisdiction to decide on executive or constrictive acts on the assets of companies under reorganization, even if the claim is prior to its approval.
The merit will be judged by the 2nd section, under the reporting of Minister Paulo de Tarso Sanseverino.
Partners Fernando Gomes dos Reis Lobo and Luis Augusto Roux Azevedo acted in the case, in addition to attorney Leandro Araripe Fragoso Bauch, from DDSA – De Luca Derenusson Schuttoff e Azevedo.
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Case: CC 156.100
See the decision.